This CLE webinar will offer guidance to attorneys encountering child sexual abuse (CSA) allegations in child custody matters. Navigating the intersection of the criminal and family law (and often CPS) legal systems requires careful strategy and sensitivity so as to minimize the impact of difficult proceedings on the child. The issues are myriad and complex. In addition to a sound understanding of how these allegations affect visitation, spousal support, and divorce settlements, attorneys must have a basic understanding of child witness interviewing best practices, what being a protective parent looks like, Fifth Amendment privilege issues, and how the family law discovery process intersects with a criminal prosecution. Finally, attorneys must be aware of potential ethical issues.
CSA allegations in child custody matters have profound implications for visitation, spousal support, and divorce settlements. Parents of children making these accusations often have to navigate criminal and/or CPS investigations and must understand how to respond in a protective manner and what protections the legal system offers to their child.
Studies have shown that improper questioning by a trusted adult or authority figure who has a strong bias against the accused can seriously interfere with a child's recall of an event. It is imperative that practitioners have an understanding of best practices for child witness interviewing, both to be able to counsel protective parents on how to avoid unwittingly compromising the integrity of a criminal case, and, in situations where their client is the one falsely accused, to be able to identify how improper interviewing techniques challenge the reliability of the child's memory.
Additionally, depositions and interrogatories can be fodder for a criminal prosecution, whether the attorney represents the parent aligned with the child accuser or the parent who is accused. A basic understanding of criminal evidentiary rules and the privilege against self-incrimination will better equip attorneys to make thoughtful strategy decisions and anticipate the strategies employed by the other side.
Finally, attorneys must be attuned to the sensitive nature of CSA allegations. Throughout this seminar, the panelists will identify ways in which attorneys can zealously advocate for their client, even those who are falsely accused, in ways that consider the emotional impact of the proceedings on the child.
Listen as our exceptional and experienced panelist discusses handling CSA allegations in child custody matters and how an ABA judicial training model suggests they be approached.
